The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-05-18
FIRST DAY.

Court called to order at II O'Clock, Nj. 1t
was agreed that Eubanks' trial was unnee
essarily delayed by the examining magis-
trate. The carriage in which Col. Hamil
ton and Others were in at the time of the
shooting was called for by The State and
produced. The Court took a recess until
3 P NJ. during which time they examined
the carriage and the scene of the shooting.
The petition introduced by defendants
and considered read.
plead ngs considered read.
The sworn statement of L. NJ. Eubanks
offered in evidence by the State objected to
by defense. Question reserved for decision.
W. II. HARRIS. J. p, FOR The STATE, SWORN.
Q.-what official position do you hold in
Mississippi? A.-Magistrate.
You are the magistrate who presided at
the coroner inquest? Yes, sir
What have you thai came to your care in
the way of weapoEs2 This couple of pistols.
Exhibit them to the court. Pistols pro-
duced.)
This is an ivory handle pistol? 1t is
| Colts Improved, ivory handled 45 | think
IS caiiber2 Yes, sir.
How many barrels has it got? g. Single
| action
You mean by that it is not a self-cocker?
| Yes, sir.
Are there any cartridges in it? No, sir,
| it is empty.
Describe its present condition Well, it
| is now empty-in the condition it vas when
| it was handed to the jury with the excep-
| ton that there was great deal more blood
on it than there is now. When it was ham
dleI by the jury the blood got wiped off
Some on this paper.
What is that on the cylinder? Blood. sir
| 1t has got those shells in it now as it was
| when ii was handed 10 the Jury
Who delivered that pistol to the jury?
Albrecht showed it to the jury ON Satnr-
| day, l think.
| That is the day succeeding the homicide?
| No, sir Thursday night was the night of
the killing.
1t was the Saturday succeeding the hon.
eide that he delivered that pistol to the
jury of inquest Yes, sir.
| Do you know whose pistol that is? l do
not know of my own knowledge, sir. |
never saw the pistol before that day to
know it
| Did you ever hear Mr.. Eubanks say
whose pistol it was? Well, sir, Mr. Eu-
banks-( objected to-
Did you hear him say anything not under
| oath No, sir, never heard him mention
| it.
Was the soabbard with it? No. sir, the
| scabbard was sent down here by Mr.. Yer
ger Stewart, brought there by Mr.. Tom
| Neeley. 1t was just like it is, without any
| scabbard or anything.
/ Counsel for defendant admitted that that
was Col Hamilton's pistol, and that with
| that pistol the man was killed.
How long is that pistol, can you say
/ never measured it | do not know. sir. II
| looks to be
The whole pistol, stock and all ? ItIooks
to be Il or II inches long.
| a rule WAS produced, the pistol measured,
| aud found to be seven and one-half inches
| from the cylinder to the end of the barrel
aud FIVE and one-half inches from the butt
| ii 81 avis Iar nh oil
from butt TO muzzle,
I Have you any other pistol in your posses
sion that was before the coronor's inquest
| Yes, sir
Produce it? Here is a Smith & Wesson
double action, shoots five times.
What is the caliber of that? | think it i:
80. | am just guessing at it. / tried "A
cartridges in the other pistol, and they
would not fit. They were too small. 1t is
marked 45 caliber somewhere there; right
there in that corner.
Is the other one marked anything? | d.
not see it anywhere.
Was that delivered to you empty? Yes
sir, in the condition it ia in now This wa:
delivered to Mr.. Carraway here. Double
action Smith & Wesson, it has five empty
shells in it.
One is a five and the other six? Yes
sir
That was delivered to you by Mr.. Cara
way, the Town Marshal ? Yes, sir.
| When was that delivered2 Before coule
swear to that l would have to look at Mr.
| Carraway's testimony. | do not know
whether it was Friday or Saturday.
think he delivered it the very day he signed
his testimony. Friday or Saturday morn
ing, do not know which After looking
at the testimony of Mr.. Carraway, the wit
ness said; He signed his testimony on the
It'll of May. | think he signed it the same
day he testified.
i What day was that? Saturday
Your recollection, then, is that it was on
the 7th that Mr.. Carraway delivered to yot
the pistol2 Yes, sir, Saturday morning.
That is the double action Smith & WessoI
fve-shooter? Yes, sir.
Was there anything else delivered to thu
Coronor's inquest then on that occasion
Here are the bullets that were taken out O.
the body of Mr.. Gambrell.
Were they exhibited to the Jury? Yes
sir, the jury were there when they were Gu
out
How many are there2 Three. One o
the jurors cut one of them out.
Did you see him cut it out Yes, sir.
And you know they are the same Yes
sir, each one.
! Weight of one bullet 1876 grains2 Yes
sir; weight of the bullet that went through
the stomach.
Did YOU see the bullets weighed? Yes
sir, did.
Did this bullet weigh 1876 grains? Yes
sir.
Did you see it taken out of the body? Yes
sir. That one went through the stomach
and was taken out of the back.
Now, | see one you have got marked
What is that2 The jury marked those bull
lets, Mr.. Miller. Weight of enclosed bull
let 1877 grains.
Did you see that weighed? Yes, sir.
Where was that bullet taken out? Out oil
his face
Whereabouts? 1t went in his cheek and
came out here.
Where? Behind the ear I? | do not know
some where back of his ear. Now, | have
/ made q mistake that was the bullet thai
weighs 1873 grains. This bullet that came
out of his head, it weighed little more
than the one that came out of knee
| The 1873 grains is now your recollection OF
the one that went in his face? Yes, sir,
will tell you why | recollect that. The one
that came out of his neck was very mucn
| more battered up than the one which came
out of his knee still it weighed more
Which one went in his knee? The 1S7
one.
The 1888 in his facet Yes, sir.
Did you see the body of Roderick D. Gam
brell? Yes, sir.
After he was dead? Yes, sir; never saw
| it until after he was dead.
Il plu YOU RAhAntuG tuG BDuy 1oI NOnnu.
/ Yes sir-l looked at it..
Those were the bullets which were pro-
duced at the coroner's inquest-the bullets
that went into GambrelF Yes, sir, might
possibly be mistaken, by their being seal
ed up, but if they will open them can tel
by looking at them.
/ Describe as near as you can the wounds
which were on the body of Roderick D.
Gambrell, and their location? You mean
1 the pistol bullet wounds or the wounds and
1 bruises2
/ We'll. the shot-wounds How many were
| there? Three. One in his right knee and the
other in the stomach here just below the
naval, came out back by the spinal cord
there, aud the other one in the face.
| And the one that went in his knee went
in what direction2 / do not know.
On which side of the knee? On the right
side of the knee.
Above or below the knee joint, or in the
knee joint7 do not knew, sir; think il
was right in the knee joint / could moi
4 tell exactly.
i One in the stomach, came out behind al
i the back? Yes, sir.
i And the other, where2 In his left cheek.
Where was that taken out2 Out of his
head here, behind the ear some where
lfpeintingl
i Well what was the character of the one
i which went in the knee2 1t was cut out OF
i the same side il went in.
1t did not pass through, then2 No, sir, il
did not that is my recollection of IT.
Il The knee of which leg2 The right leg on
the right side, the outside
II You said while since that there was
blood on the handle of that large ivory
handle pistol Describe to the court where
thai blood was other than that which is now
Visible on it2 Ny recollection is that the
barrel of that pistol was nearly covered
i and the middle Of ii, there il some on this
4 paper and the jury in handling it rubbed
i it of on there.
And Won have been in the continuous pos.